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在轻微暴力致人死亡案件的定性问题上基本存在故意伤害(致死)说、过失致人死亡说和无罪说三种观点。文章赞成无罪说,认为根据因果关系论,轻微暴力与被害人死亡结果之间不具备“相当性”因果关系,因此阻断其违法性;而根据期待可能性理论,应把因疏忽致人死亡的事实心理过失与规范责任论意义上的过失相区别,不能期待行为人在紧急情况下采取其他适法行为。
On the qualitative issue of minor death caused by minor violence, there are basically three kinds of views: intentional injury (lethality), negligence of death caused by negligence. According to the doctrine of innocence, the article holds that according to the causality theory, there is no “equivalence” causal relationship between minor violence and the death of a victim, thus blocking its illegality. According to the expectation of possibility theory, The difference between the factual negligence of human death and the negligence of the normative responsibility theory can not expect the perpetrator to take other appropriate actions in case of emergency.